UIPL46-89acc.pdf

ETA Advisory File Text

i y z l-4 1- . I i .cl i OF kEIPOP - - - - - . - - - -. -. - - - . I ... . -.I .- a d Trair ing Lidn inis yration E K - - - - - . - - - 1 v- bir on 11.C. 2021 3 I I . - .-.-.--..- - August 16 1989 .. . - .- - 01i-.LC I 2E UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 46-89 ALL STATE EMP I- C Ofb DONALD J. KUL Administrator for Regional Management s eJEcr Equal Opportunity EO Data Requirements for Unemployment Insurance UI 1. Purpose. a To clarify and emphasize to State Employment Security Agencies SESAs their responsibilities for complying with EO data collection and maintenance reqliirements for the UI program and b to announce the procedures of the Department of Labor DOL Directorate of Civil Rights DCR for monitor- ing EO data e.g. race ethnicity age sex and handicap status pertinent to all claims activities for UI claimants for the purpose of compliance review monitoring and or complaint investigations. 2. References. Title VI of the Civil Rights Act of 1964 as amended 42 U.S.C. 2000d et seq. Section 504 of the Rehablli- tation Act of 1973 as amended 29 U.S.C. 794 the Age Discri- mination Act of 1975 as amended 42 U.S.C. 6101 et seq. Section 167 of the Job Training Partnership Act of 1982 as amended 29 U.S.C. 1577 and U.S. Department of Labor Regula- tions at 29 CFR Part 31 and 29 CFR Part 32. 3. Background. The authority for enforcing Title VI of the Civil Rights Act of 1964 as amended the Age Discrimination Act of 1975 as amended Section 504 of the Rehabilitati on Act of 1973 as amended and Section 167 of the Job Training Partnership Act of 1982 as amended has been delegated by the - Secretary of Labor through the Office of the Assistant Secretary for Administration and Management OASAM solely to the DCR within OASAM. DOL regulations at 29 CFR 31.5 29 CFR 32.44 and 29 CFR 32.50 specifically require recipients of DOL grant funds to collect maintain and make available data as may be necessary to ascertain compliance with the requirements of the nondiscrimination statutes. . -- - - - - - - - -- I - -- - .. - - - - . ---- I r. sc. - EXPIRATION DATE August 31 1990 L... -- - . I - I - ELI 10- The regulatory requirements addressed by this directive are not new. However we recognize that a transition period may be I necessary for some SESAs to implement the appropriate modifi- cations to their data lle ti n systems. Accordingly a 6- month lead time is provided for all system modifications to be in place from the issuance of this directive. Public reporting for this collection of information is estimat- ed to average 88 hours per response. This burden is prorated over a 12-month period since it includes gathering and maintain- ing the data needed in addition to reviewing instructions searching existing data sources and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of infor- mation including suggestions for reducing this burden to the Office of Information Management and Productivity Directorate of Information Resource Management OASAM U.S. Department of Labor Washington D.C. 20210 and to the Office of Infor- mation and Regulatory Affairs Office of Management and Bddget Washington D.C. 20503. 4. EO Data Collection and Maintenance Requirements. Data collection requirements have been approved by the Office of Management and Budget OMB according to the Paperwork Reduc- tion Act of 1980 under OMB approval No. 1225-0046 to expire March 31 1992. SESAs are required to collect maintain and provide upon request to the Directorate of Civil Rights the following claimant information for each local UI office according to OMB definition for race ethnic identification i.e. White non-Hispanic Black non-Hispanic Hispanic American Indian and Alaskan Native. and Asian and pacific Islander sex age 14-21 22-29 30-54 55 and over and handicap status a. Overall Sinale-Claimant Claims Processed - By OMB race ethnic identification sex age and handicap status for the following o Total number of new initial claims o Total number of additional initial claims o Total number of initial claims new and additional b. Sinqle-Claimant Monetary eterminations - By OHB race ethnic identification sex age and handicap status for the following o Total number of monetary determinations made o Total number of monetary determinations resulting in ineligibility c. Sinqle-Claimant on monetary Determinations - By OMB race ethnic identification sex age and handicap status and by adjudicator for the following o Total number of nonmonetary determinations made o Total number of nonmonetary determinations denying benefits 1 Separation Issues - By OMB race ethnic identifi- cation sex age and handicap status for the following a Total number of separation from work determinations made because of o Voluntary quits o Discharge for misconduct o Other b Total number of separation from work determinations denying benefits because of o Voluntary quits o Discharge for misconduct o Other 2 Nonseparation Issues - By OMB race ethnic identifi- cation sex age and handicap status for the following a Total number of nonseparation determinations made by the following issues o Able available and actively seeking work o Disqualifying or deductible income . . o Refusal of suitable work o Reporting requirements o Other b Total number of nonseparation determinations denying benefits made by the following issues o Able available and actively seeking work o Disqualifying or deductible income o Refusal of suitable work o Reporting requirements o Other d. Sinqle-Claimant peals - By OMB race ethnic identifi- cation sex age and handicap status for the following 1 Lower Authority a Total number of lower authority appeals decisions made by the following o Separation Issues Voluntary quits Discharge for misconduct and Others. o Nonseparation Issues Able and available and actively seeking work Disqualifying or deductible income Refusal of suitable work Reporting requirements and Others. b Total number of appeals decisions in favor of claimants c Total number of appeals decisions not in favor of claimants. 2 Hiuher Authority a Total number of higher authority appeals decisions made b Total number of appeals decisions in favor of claimants c Total number of appeals decisions not in favor of claimants. 5. Eaual O ortunitv Responsibilities in each SESA. SESAs are reminded that consistent with the requirements set forth in 29 CFR 31.6 b and 32.7 that each SESA must establish or identify an organizational unit to effectively coordinate and ensure implementation of its equal opportunity responsibili- ties. including data collection and the development and implementation of a system for periodically monitoring the compliance status of local offices. 6. Eaual O ortunitv Compliance Review Process. To implewmt its responsibilities. the DCR conducts on-site compliance reviews of selected recipients of Federal financial assistance from the Department. The State wil be not4.f ied by letter from DCR at least forty-five days in advance that a Specific local office has been selected by DCR for such a compliance review along with the State central office. The notification letter will request the submission of the EO data specified in paragraph 4 for the latest 12-month period. 7. Action Required. SESA administrators are to a. establish systems for collecting and maintaining EO data on all claims activities b. identify or establish an organizational unit to coordinate and ensure effective implementation of its EO responsibilities. including - the periodic monitoring of local offices - complying with requests by DCR for specific data on local office claims activities in conjunction with the equal opportunity compliance review process. c. Collect and maintain data on a regular basis as required by this directive. 8. Inquiries. Inquiries concerning this directive shoula be directed to the appropriate ETA Regional Office. Inquirids concerning equal opportunity data and compliance review require- ments should be directed to Ms. Danetta Fofanah DCR Chief Division of Technical Assistance and compliance Monitoring 8-523-7026. 9. Attachment. 29 CFR 31.5. 31.6 b 29 CFR 32.7 32.44. 32.49 and 32.50.